Legal Question in Landlord & Tenant Law in New York

Apartment Issues

My wife and I rented an apartment 1 year ago from century 21.We signed a rental agreement for 1 year which has now expired.I found out later this apartment was not a legal two family dwelling.There was a tenant upstairs and now there is a tenant downstairs.For months now we have been complaining to the landlord that when the tenant downstairs uses his bathroom we get sewage smells.He has an illegal set up down there with a pump that pumps the sewage up and out.My wife and I have gotten sick 4 times this year with bacterial lung infections and bronchitis.We feel it is coming from these odors.The landlord comes and says he smells nothing and does nothing.Once he put chemicals down the sewage line ,it did not help for long.We want to move but can''t find a place for the rent we are paying now.I am also on a thin line at work from taking too much time off.I coudn''t help it tho I was real sick.What can I do.Since it isn''t legal and was rented to me like it was thru century 21 Do I have a law suit?I am sure sewage gases can be unhealthy.


Asked on 4/18/04, 9:50 am

1 Answer from Attorneys
Debra Palazzo Law Offices of Debra Palazzo, LLC

Re: Apartment Issues

Based on the limited info you gave, it sounds like you have an action against the landlord. You may be able to include C21 if they knowingly rented you an illegal apt. or were aware of the problems you described coming from the other illegal apt. (Note: w/o a lease, your landlord need only give you 30 days notice to vacate.)

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Answered on 4/18/04, 11:25 am


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